Zimbabwe - Compensation & Benefit Legislation
CAPITAL
Harare
CLIMATE
Tropical climate; moderated by altitude with a rainy season from November to March.
LANGUAGES
English (official), Shona, and Sindebele (the language of the Ndebele, sometimes called Ndebele), numerous but minor tribal dialects.
LEGAL SYSTEM
Zimbabwe’s legal system is a mixture of Roman-Dutch and English common law.
CURRENCY
Zimbabwean Dollar (1 USD = 57.23300 ZWD as of June 1, 2002).
ZIMBABWE - COST-OF-LIVING
ERI's Relocation Assessor is a recommended source for cost-of-living data.
ZIMBABWE - EMBASSY/CONSULATES
U.S. Embassy at Harare
172 Herbert Chitepo Avenue
P.O. Box 3340
Harare, Zimbabwe
Telephone: [263] (4) 250-593
Fax: [263] (4) 796-488
http://usembassy.state.gov/zimbabwe/
Embassy of the Republic of Zimbabwe at Washington D.C.
1608 New Hampshire Avenue N.W.
Washington D.C. 20009
Telephone: (202) 332-7100
Fax: (202) 483-9326
http://www.zimweb.com/Embassy/Zimbabwe/
ZIMBABWE - HOLIDAYS
New Year’s Day (January 1)
Independence Day (April 18)
Good Friday
Holy Saturday
Easter
Easter Monday
Workers’ Day (May 1)
Africa Day (May 25)
Heroes’ Day (August 11)
Armed Forces Day (August 12)
Unity Day (December 22)
Christmas (December 25)
Boxing Day (December 26)
ZIMBABWE – LEAVE
Maternity Leave: 90 days – 60-75% of pay (paid by employer).
ZIMBABWE - MINIMUM AGE
The law bans the employment of children under the age of 15 and restricts employment of those between the ages of 12 and 17 to light work during school holidays for periods not exceeding 6 hours per day. Light work is defined as work not likely to prejudice a child's education, health, safety, rest, or social, physical, or mental development. All hazardous employment, overtime, and night shift work is banned for those under the age of 18.
(Section 6.d. Acceptable Conditions of Work, Zimbabwe – Report of Human Rights Practices, 2001, U.S. Department of State.)
ZIMBABWE - MINIMUM REMUNERATION
In October the Government established new monthly wages of Z$4,181 ($14) for agricultural workers, Z$7,903 ($26) for agro-industrial workers, and Z$8,926 ($30) for industrial workers.
(Section 6.e. Acceptable Conditions of Work, Zimbabwe – Report of Human Rights Practices, 2001, U.S. Department of State.)
ZIMBABWE - REMUNERATION
ERI's Geographic and Salary Assessors are recommended sources for international remuneration covering 189 countries.
ZIMBABWE - REPORT OF HUMAN RIGHTS PRACTICES (2001, U.S. DEPARTMENT OF STATE)
Section 6 Worker Rights
a. The Right of Association
The Labor Relations Act (LRA) provides private sector workers with freedom of association and the right to elect their own representatives, publish newsletters, set programs and policies that reflect the political and economic interests of labor, and form or join unions without prior authorization. The LRA allows for the existence of multiple unions per industry, provided that each is registered with the Ministry of Public Service, Labor, and Social Welfare (MPSLSW). While the Government can deregister individual unions, the High Court has ruled that the LRA does not give the Minister the power to suspend or deregister the national umbrella labor confederation, the Zimbabwe Congress of Trade Unions (ZCTU). During the year, ZANU-PF brought the Labor Relations Amendment Bill (LRAB) before Parliament, but it had not passed by year's end. The parliamentary legal committee issued an adverse report on the bill, calling many of its provisions unconstitutional.
Approximately 25 percent of the formal sector work force (approximately 400,000 workers) belong to the 31 unions that form the ZCTU. Although the Government encouraged the ZCTU's formation, anticipating that it would form the labor arm of ZANU-PF, it no longer controls the ZCTU; most of the leadership of the opposition MDC party comes from the ZCTU. ZCTU officers are elected by delegates of affiliated trade unions at congresses held every 5 years; the ZCTU elected a new leadership at its congress in February. ZANU-PF reportedly tried to influence the election of its preferred candidates at the congress by paying the back dues of affiliated unions and bribing congress delegates; however, candidates independent of ZANU-PF were elected. The Government and the ZCTU clashed sharply on economic policy, particularly on a 70 percent increase in the price of fuel in June. The Government often does not consult either the ZCTU or employers before implementing policy decisions that affect the workplace. This lack of consultation often has resulted in reactions that disrupted labor relations, thereby promoting uncertainty and some strikes.
Public servants and their associations, the Public Service Association (PSA), and its branch associations, the Zimbabwe Teachers Association (ZIMTA), the Zimbabwe Nurses Association (ZINA), and the Civil Service Employees Association (CSEA), are not covered by provisions of the LRA. Instead, their conditions of employment are provided for under the Constitution. Although civil servants constitutionally are barred from forming unions, the PSA, and its affiliated associations, have become members of the ZCTU.
The Labor Relations Amendment Act (LRAA) specifies that workers may establish independent worker committees, which exist side by side with unions in each plant. Worker committees also must be registered with the MPSLSW, which is free to refuse registration. ZCTU officials believe that the formation of worker committees was an attempt to dilute union authority, because the worker committees are comprised of union and non-union workers. However, the ineffectiveness of worker committees demonstrated the need for the experienced worker representation of the established trade unions.
It is very difficult to conduct legal collective job action. There is no right to strike in the Constitution. The LRA and the LRAA do not mention this issue. "Essential" employees are prohibited by law from striking, and the Government defines all public sector workers as essential. Managers also are prohibited from striking, and in some industries, the Government defines most employees as managers; the Government also considers some private sector workers, such as those in the health sector, as essential workers. For the remaining nonessential employees legally to conduct a strike, more than 50 percent of the company's employees must vote in favor of the action. Many employees are afraid to do so, for fear of management reprisals. However, if a majority vote is obtained, the dispute is referred to the concerned government agency for resolution. Only if the government-appointed arbitrator determines that a resolution is not possible is the right to strike granted. These government-imposed delays prevent most employees and their unions from ever declaring legal strikes. However, illegal strikes or work stoppages have occurred within individual companies and occasionally, in entire industries.
There were a number of labor actions, such as strikes and stayaways, during the year. Unlike in the previous year, the ZCTU did not instruct workers to engage in labor actions to protest political violence or farm invasions during the year. In May workers at Willowvale Motor Industries who were demanding payment of severance packages engaged in a sit-in on company premises and held a number of company managers hostage. The action reportedly was in conjunction with or at the instruction of war veterans who were sent to settle worker complains on behalf of ZANU-PF.
On July 3 and 4, the ZCTU sponsored a national strike after the Government ignored its demands to curtail or eliminate a 70 percent fuel price increase implemented in June, or implement wage increases to offset the price increase. An estimated 85 percent of workers in the major cities participated in the strike. The strike generally was peaceful, although there were reports that police beat residents in Harare's high-density suburbs. After the strike concluded, the ZCTU threatened an indefinite strike if the Government did not meet its demands. On July 11, police arrested and questioned Wellington Chibebe, the ZCTU's Secretary-General, over the ZCTU-planned stayaway and its association with foreign labor organizations; he was released later that day (see Section 1.d.). Negotiations between the ZCTU and the Government resumed later in July, and in August the Government reportedly agreed in principle to reduce fuel prices, although the amount was not determined. On September 3, the Cabinet reportedly accepted recommendations by the Tripartite Negotiating Forum, a body comprised of government, labor, and business representatives, to rescind a 10 percent fuel surcharge and to establish independent minimum wages in the industry, commerce, and agricultural sectors (see Section 6.e.). In October before negotiations with the Tripartite Negotiating Forum had concluded, the Government decreed the new minimum wages for the industrial, commercial, and agricultural sectors (see Section 6.e.).
On July 11, milling industry workers went on strike for several days after negotiations for higher wages between the Milling Industry Union and company management broke down. The strike caused serious disruption to the milling industry. There was no subsequent action in the strike by year's end.
There were no further efforts to organize nationwide strikes by security guards during the year.
In late July, junior doctors and nurses in state hospitals went on strike to protest low pay scales and poor working conditions, despite legal prohibitions against strikes by essential workers. The Ministry of Health reported that the lack of personnel available to treat patients during the strike resulted in the deaths of 500 persons at state hospitals. Many state hospitals accepted only emergency cases during the strike. On September 6, the doctors and nurses returned to work; however, there was no resolution of their demands. At year's end, the Government continued negotiations with the Public Service Commission, which represents the doctors and nurses.
On August 7, workers at the ZISCO plant in Redcliff went on strike after the management refused to consider workers' requests for wage increases. ZISCO management called for the security services to end the strike even before the workers received an initial response from the Ministry of Labor. On August 8, members of the security forces forcibly dispersed the workers, which resulted in several deaths and injuries (see Sections 1.a. and 1.c.). Workers at the plant resumed work several days after the security forces intervened. The Ministry of Labor later ordered a 15 percent salary increase for the workers.
During the year, workers from individual companies seeking pay increases continued to call spot strikes because of the decrease in the value of their salaries due to inflation and currency devaluation; however, these strikes were sporadic and not formally sanctioned by either individual unions or the ZCTU.
In May individuals and groups identifying themselves as war veterans, in collusion with the ruling party's regional organizations, began a wave of invasions and intimidation of commercial and nonprofit business entities. In a program reminiscent of the commercial farm invasions, these at times violent confrontations were aimed at wresting away from the trade unions the political support of the formally-employed wage-earning sector of the populace, by representing workers in their claims against employers. Operating from party headquarters in the urban centers, war veterans and ZANU-PF supporters, who often were armed, invaded businesses and demanded on-the-spot cash payments and reinstatement of dismissed employees. In Harare and Norton, approximately 550 workers lost their jobs after the factories in which they worked were forced to close in response to war veterans interference. In May in Harare, war veterans invaded the offices of an NGO that operates orphanages and forced the offices to close; the war veterans claimed to be resolving a labor dispute between management and a former employee. After both local and international observers criticized the tactics as extortion, the Government arrested two local war veteran leaders, who quickly were released on bail. No further action on the cases was reported by year's end.
The International Confederation of Free Trade Unions (ICFTU) has criticized the labor laws for giving "wide scope to the authorities to declare that a given enterprise or industry constitutes an essential service, and then impose a ban (on strikes) on it." The authority to reclassify a previously nonessential service as essential was not used during the year. In previous years, President Mugabe issued blanket bans on strikes in the country in both the public and private sectors; however, he did not issue any such bans during the year. Government officials stressed that the Government reserves the right to reimpose these bans at its discretion.
During the year, the ZCTU was critical of violence directed at agricultural workers who live and work on commercial farms, many of whom are members of the General Agricultural and Plantation Workers Union of Zimbabwe (GAPWUZ), which is affiliated with the ZCTU (see Sections 1.a., 1.c., 1.e., 1.f., and 2.d.). On November 7, ZANU-PF supporters beat dozens of farm workers and their families near Marondera (see Section 1.c.). There were numerous reports of violence and widespread incidents of war veterans threatening workers for alleged MDC support.
On January 24, in Masvingo, approximately 100 war veterans reportedly forced striking civil servants, the majority of them teachers, to return to work; the war veterans warned the teachers that they would lose their jobs if they did not return to work. War veterans also reportedly placed three of the teachers under citizen's arrest and took them to a police station, where the police quickly released them. The majority of the striking teachers reported to work after the threats. In May there was a report that ZANU-PF supporters chased teachers and civil servants from their jobs in Matabeleland North because of their suspected support of the MDC.
No further action was reported on pending ILO cases during the year.
The LRA allows for the formation of multiple national federations. On June 4, a second umbrella labor organization, the Zimbabwe Federation of Trade Unions (ZFTU), began to function after a long period of inactivity. Joseph Chinotimba, a prominent war veteran leader, appeared to lead the organization. Most observers noted that the ZFTU was reformed by ZANU-PF to spearhead its campaign to force mostly white-owned businesses to resolve individual wage and employment disputes and grant higher wages to their workers. The ZFTU has criticized the ZCTU for failing to resolve longstanding labor disputes, but the ZCTU maintains that it is the responsibility of individual labor unions to negotiate with employers. The ZFTU attempted to coerce some ZCTU-affiliated union members into joining its own nascent unions.
The ZCTU and its officials are free to associate with international labor organizations and do so actively. The ZCTU is affiliated with the ICFTU and the Southern African Trade Union Coordinating Council. The ZFTU has no known international affiliations.
b. The Right to Organize and Bargain Collectively
The LRA provides workers with the right to organize. As originally written, this act was silent on the right to bargain collectively. However, the LRAA permits unions to bargain collectively over wages. Worker committees, which by law are not organizationally part of the unions or the ZCTU, are empowered to negotiate with the management of a particular plant on the conditions of labor and codes of conduct in the workplace, except for wages. Unions, employers, and individual workers have the right to take their grievances to the Government's Labor Relations Tribunal (LRT) for final adjudication. The LRT has continued to maintain a 5-year backlog of 3,000 cases; however, in May the Government appointed 3 new LRT judges, who helped eliminate 2 years of the backlog by year's end.
Collective bargaining wage negotiations take place on an industry-wide basis between the relevant union and employer organizations sitting on joint employment boards or councils. Collective bargaining agreements apply to all workers in an industry, not just union members. More than 80 percent of all industries are unionized (see Section 6.a.). Between April and July each year, workers and employees negotiate salary increases and other benefits in their respective National Employment Councils (NEC's). These bodies submit their agreements to the Registrar in the MPSLSW for approval. The Government retains the power to veto agreements that it believes would harm the economy. However, it does not involve itself directly in labor negotiations unless requested to do so by one of the parties. When no trade union represents a specific sector, representatives of the organized workers, such as the professional associations, meet with the employer associations, under the mediation of labor officers from the MPSLSW. Although companies offered wage increases that did not keep up with inflation during the year, workers and unions accepted the increases offered because of the economic crisis.
Employees in positions designated as managerial are excluded from union membership and thus from the collective bargaining process. The ZCTU stated that the definition of manager in the LRAA was overly broad and criticized the Government and private sector for using it to exclude managers from the collective bargaining process.
Public sector wages are determined by the Salary Service Department of the MPSLSW, subject to the approval of an independent Public Service Commission (PSC) (see Section 6.e.). Each year PSC officials meet with PSA representatives to review wages and benefits. These reviews result in a recommendation that is forwarded to the MPSLSW. The Minister is not required by law to accept the recommendation and usually proposes a wages and benefits package that is less than the recommendation, resulting in yearly industrial protest actions by civil servants.
The LRA prohibits antiunion discrimination by employers against union members. Complaints of such discrimination are referred to labor relations officers and may subsequently be adjudicated by the LRT. Such complaints are handled under the mechanism for resolving cases involving "unfair labor practices." The determining authority may direct that workers fired due to antiunion discrimination should be reinstated, although this has yet to be utilized in practice.
The LRAA streamlined the procedure for adjudicating disputes by strengthening the LRT. Labor relations officers hear a dispute; their decision may be appealed to regional labor relations officers, after which the LRT may hear the case. Ultimately, it may be appealed to the Supreme Court. However, cases from as early as 1997 remained pending with the LRT at year's end.
In April and May, international and domestic labor organizations strongly criticized war veterans for conducting a campaign of threats and violence against urban business managers who had outstanding disputes with workers, some as far as back as 7 years. In one case, a private hospital was forced, under threat of violence, to pay $16,000 (Z$5 million) in back wages to 30 former employees. Approximately 200 businesses in and around Harare and Bulawayo were coerced into producing payments.
The Export Processing Zones Act states the LRA shall not apply to workers in export processing zones (EPZ's). The ZCTU has negotiated directly with EPZ employers to allow some unions in the EPZ, although their number and level of activity remain low.
c. Prohibition of Forced or Compulsory Labor
The law prohibits forced, compulsory, or bonded labor, including by children; however, the law is not enforced in practice. The traditional practice of offering a young girl as compensatory payment in interfamily disputes continued in rural areas (see Section 5), and reportedly persons, particularly women and children, were trafficked from the country to South Africa for prostitution and forced labor (see Section 6.f.). The Sexual Offenses Act, passed in August, provides fines and imprisonment for those convicted of prostituting children or procuring prostitutes inside or outside the country (see Section 6.d.).
d. Status of Child Labor Practices and Minimum Age for Employment
The law bans the employment of children under the age of 15 and restricts employment of those between the ages of 12 and 17 to light work during school holidays for periods not exceeding 6 hours per day. Light work is defined as work not likely to prejudice a child's education, health, safety, rest, or social, physical, or mental development. All hazardous employment, overtime, and night shift work is banned for those under the age of 18. However, there is little to no enforcement of these laws.
Child labor is common. According to the 2000 National Child Labor Survey, approximately 25 percent of children between the ages of 5 and 17 were involved in some form of child labor. Children work in the agricultural sector, and there were reports that children worked as domestics and as car-watchers. Child labor in the formal agricultural sector, such as on tea and coffee plantations, reportedly involves children working in the fields after school during the planting and harvesting seasons and full-time during school holidays. Long hours are common. Children often work alongside their parents, and their working conditions approximate those of adults. While some form of child labor on large commercial farms is widespread, agricultural organizations maintain that the labor performed is not exploitative, involuntary, contrary to law, or outside of cultural norms that allow children to engage in field work with their families. On some farms where children attend boarding schools, school schedules and calendars are tailored to allow children to work in the fields during busy farming periods. These children work in "earn and learn" schools, where a percentage of their wages is applied to their school fees and books. Economic hardship makes this arrangement a necessity for children from very poor families.
Approximately 35 percent of the adult population are infected with HIV/AIDS. As a result, more children worked in the informal sector to fill the income gap left by ill or deceased relatives. The number of children in adoptive homes or living on the streets increased rapidly.
The unemployment rate continues to grow, decreasing the number of children employed in the formal sector. However, the incidence of children working in the informal sector has increased as families, often headed by children, need a source of income. Many children sell simple wares on the streets. In addition police have reported an increasing number of girls under 17 years of age that are engaged in prostitution. The police frequently enforced laws against child prostitution.
The deteriorating economy, family breakdown, and HIV/AIDS are forcing more children to work. Although child labor in the agricultural, domestic, and informal sectors increasingly is discussed, the Government and NGO's have been unable to gather concrete data on the number of cases.
In October Parliament passed the Child Adoption and Protection Amendment Act, which incorporates ILO Convention 182 on the worst forms of child labor; however, the law was not implemented by year's end.
The law prohibits forced and bonded labor by children; however, the traditional practice of offering a young girl as compensatory payment in interfamily disputes continued (see Section 5), and there were reports that children were trafficked from the country to South Africa for prostitution and forced labor (see Section 6.f.). The Sexual Offenses Act, which was signed into law in August, provides for a maximum fine of $115 (Z$35,000) or imprisonment of up to 7 years for those convicted of prostituting children under 12 years of age. It also provides for a maximum fine of $167 (Z$50,000) and a maximum prison sentence of 10 years for "procuring another person to become a prostitute and have sex whether inside or outside Zimbabwe."
e. Acceptable Conditions of Work
The maximum legal workweek is 54 hours, and the law prescribes a minimum of one 24-hour rest period per week. Working conditions are regulated by the Government on an industry-specific basis. The Constitution empowers the PSC to set conditions of employment in the public sector. The Government eliminated a national minimum wage as part of the Economic Structural Adjustment Program of 1990, with the exception of agricultural and domestic workers. Government regulations for each of the 22 industrial sectors continue to specify minimum wages, hours, holidays, and required safety measures. In recent years, in an effort to remove itself from the wage bargaining system, the Government mandated wage parameters for industries. Due to an ineffective monitoring system, many agricultural and domestic workers are remunerated below the minimum wage. In October the Government established new monthly wages of $14 (Z$4,181) for agricultural workers, $26 (Z$7,903) for agro-industrial workers, and $30 (Z$8,926) for industrial workers.
Minimum wages in the formal sector changed continuously as a result of multiple increases in salaries to offset the high inflation rate. However, in almost all cases, wage increases did not keep pace with inflation, the spiraling exchange rate, and the increases in the prices of petroleum products and basic food staples. In recent years, the ZCTU pressed the Government to reestablish a national minimum wage, but Government had not done so by year's end. The minimum wage does not provide a decent standard of living for a worker and family, and at least 70 percent of the population lives below the Government's own poverty line.
In 2000 civil servants were granted 60 to 90 percent pay raises, with the lowest paid positions receiving the largest percentage raises. While criticized by some as an effort by the Government to buy the votes of the civil servants before the June 2000 parliamentary elections, these raises were viewed as necessary by the ZCTU because of the traditionally low level of civil servant salaries. In October 2000, the MPSLSW announced a new regulation prohibiting civil servants from engaging in any for-profit enterprises. The Government stated that many workers were operating their own for-profit businesses instead of attending to official duties during the workday; however, many civil servants contested that they needed to do so to earn a livable wage.
Many of the basic legal protections do not apply to the vast majority of farm, mine, and domestic workers. Health and safety standards are determined on an industry-specific basis. Despite the lack of general standards, the National Social Security Authority's (NSSA) statistics from 1999 show a decrease in the number of occupational injuries and deaths. There were 139 fatal job accidents reported and 12,000 occupational injuries in 1999. In theory labor relations officers from the MPSLSW are assigned to monitor developments in each plant to ensure that government minimum wage policy and occupational health and safety regulations are observed. In practice these offices are understaffed, cannot afford to inspect routinely workplaces, and must rely on voluntary compliance and reporting by employers.
On July 23, Amos Murungweni, a factory worker in Harare, reportedly was "minced" to death by a machine used to mix chemicals. Murungweni reportedly had been operating the machine alone. An investigation reportedly was made in the case; however, the results were not released by year's end.
The Government designated the Zimbabwe Occupational Safety Council (ZOSHC) to regulate safe work conditions. The ZOSHC is a quasi-governmental, advisory body comprised of six representatives each from the Government, employers, and trade unions. The National Director of the ZOSHC is responsible for enforcing worker safety regulations. The director reports weekly to the MPSLSW on actions taken. Budgetary constraints and staffing shortages, as well as its status as an advisory council, have made the council ineffective. The NSSA continues to experience difficulty monitoring the thousands of work sites across the country; however, it has begun to enforce safety standards more vigorously, by closing down shops and factories in noncompliance. Although workers have a legal right to remove themselves from dangerous work situations without jeopardy to continued employment, in practice they risk the loss of their livelihood if they do so, and this situation worsened during the year. Foreign workers are covered by ZOSHC's safety standards, but domestic workers are excluded because of the "impracticality" of enforcing standards in private homes. Government workers are excluded also.
According to the ZCTU, some employers take advantage of illegal refugees for inexpensive labor. Because the job market is worse in neighboring countries such as Malawi and Mozambique, the refugees are willing to risk arrest and work for wages below the legal minimums (see Section 2.d.).
f. Trafficking in Persons
Although there are no laws that specifically address trafficking in persons, common law prohibits abduction and forced labor, and the Sexual Offenses Act makes it a crime to transport persons across the border for sex. Trafficking of persons was a growing problem in the country. There continued to be reports that persons were trafficked, particularly women and children, from the country to South Africa for prostitution and forced labor. The Government took no actions to address the problem of trafficking in persons.
The country is primarily a source for the trafficking of men, women, and children to South Africa, but it also is a transit point for the trafficking of persons from Asia, Mozambique, and Malawi to South Africa. Most persons who are trafficked through the country to South Africa entered the country via its border with Botswana, which is more porous than its other borders. In a smaller number of cases, it is a destination point for trafficked persons from Mozambique, Malawi, and other poorer countries in southern and central Africa. There are no figures available from the Government or NGO's on the numbers trafficked to, from, or through the country. Although both men and women of every age group were trafficked, young women under 25 years of age appeared to be targeted specifically for trafficking to South Africa.
Most trafficking victims in the country appear to be targeted because they are young, unemployed, or dispossessed. Traffickers were known to enter nightclubs or other youth gathering places to look for recruits. Most trafficking victims were promised higher paying jobs in industry or commerce, few of which exist in South Africa. Some were forced to sign fraudulent contracts. Other persons, such as the unemployed and homeless, were recruited off the streets. Many young women were forced into the sex trade, and victims often were held against their wills and denied pay. Nearly all victims were transported by truck, especially in containerized cargo trucks. Typically, truck drivers would leave the trafficked persons near border posts, where they would cross the border on foot and be met on the other side.
ZIMBABWE - SOCIAL SECURITY
Social Security Office of International Programs:
http://www.ssa.gov/SSA_Home.html
ZIMBABWE - STANDARD WORKWEEK
The maximum legal workweek is 54 hours, and the law prescribes a minimum of one 24-hour rest period per week.
(Section 6.e. Acceptable Conditions of Work, Zimbabwe – Report of Human Rights Practices, 2001, U.S. Department of State.)